Orban takes stand in sanity portion of trial

RANCHO CUCAMONGA -- Five days before Anthony Orban kidnapped and raped an Ontario Mills mall waitress in Fontana, the former Westminster police detective was in a zombie-like state - hearing voices and obsessing about death.

The defendant, who was taking prescription drugs at the time of the attack, said he was continuously restless and anxious.

"I felt like a different person," Orban said Wednesday while on the witness stand inside West Valley Superior Court.

"The anxiety was still there, the restlessness was still there. But it was harder to function, and I felt numb all the time."

Last week, a jury found Orban guilty of eight felony counts, including kidnapping, rape, oral copulation and sexual penetration with a foreign object.

But during the sanity phase of his trial, which started Tuesday, Orban was called to the witness stand.

During the first day of his testimony, Orban talked about his time in the military and as a police officer as well his rocky marriage.

On Wednesday, Orban testified about the effects prescription drugs had on him and gave a play-by-play from the day of the attack.

The defense has argued that Orban's actions were caused by the anti-depressant Zoloft and anti-seizure medication Neurontin.

Because Orban pleaded not guilty by reason of insanity to the charges, the same jury must now hear testimony in the second phase of the trial to determine whether Orban was legally insane on April 3, 2010.

Orban was taking Zoloft for about three months before his prescription ran out.

Due to scheduling conflicts, Orban testified he did not refill it immediately.

During the time he was off the medication, Orban said things were better.

"As days went on, I felt clearer and clearer. My performance at my job was better. My marriage was better. I felt better," he said. "I felt like Tony again."

At the end of March, Orban started back on his medications - and things got worse.

Orban said he started having "extremely disturbing nightmares" and felt a looming presence. More than once he had thoughts of suicide and at one point felt he had to kill his wife.

The defendant also said he remembers most things on the day of the attack - going to the gym, driving to his friend's house and eating lunch.

After the first round of drinks - three margaritas at a restaurant - Orban said he was buzzed and did not feel good. He remembered going to another restaurant, but couldn't recall which one.

"Something felt different," Orban said. "I had a hard time remembering, understanding what was going on. I remember sitting at a table, and in front of me, seeing what I thought was a beer. I remember taking a sip of it and thinking it tasted weird and pushing it away."

Orban testified that he doesn't remember everything after that, including the brutal, hour-long attack.

When asked if he had ever thought about assaulting someone like that, Orban said no and broke down in tears.

"It's absolutely horrendous," he said as he started to cry. "I can't imagine doing it to another person."

During cross examination, Deputy District Attorney Debbie Ploghaus asked, "Mr. Orban, did you cry when the victim testified?"

"A little, yes," he said.

Ploghaus also questioned Orban's testimony.

The prosecutor mentioned a Time magazine article that featured a soldier who returned from battle and killed his wife and accused Orban of mimicking that report.

She continuously asked Orban if he was lying about his memory loss and pointed out that "I don't remember" is a common tactic used by suspects of a crime to avoid the truth - something a police officer would know.

At the end of her questioning, Ploghaus took Orban through the attack, asking him if he thought each action was legally and morally wrong.

He agreed that they were but continually said he did not remember doing any of it.

An expert for the prosecution is scheduled to testify today and attorneys are then expecte to begin their closing statements.